asset sale - tax question

In relation to todays "Asset Sale" Trading Halt and CFE's announcement on 14 March about the Royalty Sale where ther said:
"The sale of the royalty would allow the board to consider the payment of a special dividend to shareholders as per the Company model."

Would it be better for CFE to do a Capital Return Distribution or a Dividend?

I'm thinking if they gave the entire amount as a Capital Return then the Tax Office cannot take their cut from CFE but need to take it from the individual Shareholders should they have made a Capital Gain. In this current market I don't think there would be too many who would have a Capital Gain thus need to pay any Tax.

I'm not saying that CFE are definitely paying a distribution I'm just questioning what would be best for CFE. (In other words what avenue would be less likely to generate another ATO Tax amendment notice in 2 years time)